Allowed

Pintu Ram v. State of U.P.

Allahabad HC20 Apr 2023BAIL/12043/2023

Case brief

AI extract

What is this about?

Court allowed a bail application filed by Pintu Ram regarding an implicated incident. The court granted bail based on the applicant's contentions of false implication and lack of specific role, without expressing an opinion on the merits.

What did the court decide?

Released on bail by furnishing a personal bond with two sureties each, subject to specific conditions regarding court attendance and conduct.

Pintu Ram Vs State of U.P. — Bail and Remand | Allahabad HC (2023)

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Court No. - 86

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12043 of 2023

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Applicant :- Pintu Ram Opposite Party :- State of U.P. Counsel for Applicant :- Praveen Kumar Singh Counsel for Opposite Party :- G.A.

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Hon'ble Vivek Kumar Singh,J.

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Heard learned counsel for the applicant and Shri D.P.S. Chauhan, learned A.G.A. appearing for the State and perused the record.

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It has been contended by the learned counsel for the applicant that the applicant has been falsely implicated in the present case due to ulterior motive. It is next contended that alleged incident of marpeet was committed by lathi and danda. It is further submitted that six accused persons have been implicated in the F.I.R. including applicant and general role has been assigned to all the accused persons and no specific role has been assigned to the applicant. It is further submitted that applicant has no criminal history and is languishing in jail since 02.02.2023. It is further submitted that ingredients of offences are absent and entire prosecution story is based on false and frivolous allegations. It is further submitted that trial is not likely to be concluded in near future. Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed forth before the Court. The circumstances which, according to the counsel, led to the false implication of the accused has also been touched upon at length. It has been assured on behalf of the applicant that he is ready to cooperate with the process of law and shall faithfully make himself available before the court whenever required.

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Learned A.G.A. has vehemently opposed the prayer for bail and has submits that prima facie offence against the accused applicant is made out and in case applicant is release on bail, he will misuse the liberty of bail, but, he could not dispute the aforesaid facts.

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Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties and keeping in view the nature of offence, evidence, complicity of accused, looking to the delay in conclusion of trial in near future, and without expressing any opinion on the merits of the case and the law laid

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down by the Apex Court in Satendra Kumar Antil Vs. C.B.I. & Another, passed in S.L.P.(Crl.) No. 5191 of 2021 , the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.

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Let the applicant Pintu Ram involved in Case Crime No. 221 of 2022, under Sections 147, 323, 504, 506, 307 I.P.C., Police Station Jangipur, District Ghazipur be released on bail on his furnishing a personal bond with two sureties each in the like amount to the satisfaction of the court concerned with the following conditions.

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(i) The applicant will not tamper with prosecution evidence and will not harm or harass the victim/complainant in any manner whatsoever.

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(ii) The applicant will abide the orders of court, will attend the court on every date and will not delay the disposal of trial in any manner whatsoever.

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(iii) The applicant will not indulge in any unlawful activities.

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(iv) The applicant will not misuse the liberty of bail in any manner whatsoever.

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The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.

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Order Date :- 20.4.2023

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Bhanu

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Digitally signed by :- BHANU PRATAP KUSHWAHA High Court of Judicature at Allahabad

Pintu Ram v. State of U.P.

Case brief

What is this about?

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Pintu Ram v. State of U.P.

Case brief

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